By: E. William Kintzele IV

LOS ANGELES – It’s October 1th, 2019 in Los Angeles County, and Victor Lopez is preparing for another routine day at work fixing and maintaining sump pits in the local area, or so he thought. This day however, would be unlike any other he had before, and the ramifications would last a life time.

“The infection hospitalized Lopez where a rapidly spreading necrosis began to eat through his skin…”

It’s getting late in the day and Lopez arrives at his call’s location, an old warehouse off of 59th street. He thinks he’s there to fix a malfunctioning sump pit, and when instructed by building management, is told nothing else as to the nature of his duties. What Lopez does not know is that this sump pit has actually been retrofitted to be used as the reservoir for a hydroponic, drain-to-waste, marijuana cultivation system.

“…creates a cesspool for anaerobic bacteria like staphylococcus and streptococcus and even more exotic and devastating bacterial flora.”

Why is that important? Well for starters, that changes the function of the sump pit, initially designed to remove excess groundwater seepage from the foundation of the building, into a constantly cycling and filling reservoir for biological and chemical waste runoff. Next, it drastically changes the contents and microbial populations of the sump pit which regularly would only contain groundwater partially filtered through rock and stone. The result is a sump pit filled to the brim with biological and chemical agents used to facilitate the growth of beneficial bacteria and plant health, which, when malfunctioning and remaining stagnant, creates a cesspool for anaerobic bacteria like staphylococcus and streptococcus and even more exotic and devastating bacterial flora.

Tragically, because Victor Lopez wasn’t made aware of the actual conditions of his plumbing request, on October 1st at around 6pm, he entered that retrofitted sump pit/reservoir and found out first-hand how dangerous it was when he contracted Fournier’s Gangrene. The result would change the course and quality of his life forever. The infection hospitalized Lopez where a rapidly spreading necrosis began to eat through his skin, starting with his groin, where it caused catastrophic damage to his scrotum and genitals and destroyed 20% of his lower abdomen. Lopez lost his testicles, and endured unspeakable pain. First he called his family, then he called his lawyer, and rightfully so.

“The end result: the creation of more and more unsanitary and hazardous cultivation operations.”

There are currently over 6000 licensed marijuana businesses in California, all of which being created within the last 6 years. There is a footrace underway that involves competition between emerging businesses in a bid for who can become an industry mainstay, and who will get pushed aside. Often this race creates tunnel vision, and rules are violated, or circumvented. With such rapid progression, it’s no wonder why the industries regulatory evolution may be being outpaced by its own development. The end result: the creation of more and more unsanitary and hazardous cultivation operations. How then can we reign in our ever expanding marijuana industry so that we can allow for the implementation of correct and safe marijuana practices? This is a question that needs answering.

“…as of January 12th, 2024, the law firms of Cohen & Cohen Law Offices, P.C. and Kintzele Law Group, P.C., as co-counsel, struck a blow for Lopez when he was awarded 3.6 million dollars for past and future harm suffered as a result of a deadly bacterium that was proved at trial to have had made contact with Lopez…”

This brings us to the present, where we find Victor Lopez, badly damaged, and forever changed. He suffers immense and unending pain for all daily activities, including sitting, sleeping, and regular physical activity. His life, is not the same. The life he wanted, the life he worked for every day as a plumber, fixing pipes on his hands and knees to build a better future, is now altered.

But what about that lawyer? Well, as it turns out, as of January 12th, 2024, the law firms of Cohen & Cohen Law Offices, P.C. and Kintzele Law Group, P.C., as co-counsel, struck a blow for Lopez when he was awarded 3.6 million dollars for past and future harm suffered as a result of a deadly bacterium that was proved at trial to have had made contact with Lopez because of the warehouse owner’s negligence in how they operated their marijuana cultivation operation. The court found that Lopez had been called in to fix a clogged sewage pump, and was told to enter a large pit of hazardous material created from the runoff of the cultivation process. Experts testified that the unsanitary conditions created by the manipulation of the warehouse plumbing created a hazardous situation that Lopez should have been warned of. Lopez himself testified that he never would have entered the retrofitted sump pit if he had of been made aware of the dangerous conditions.

“How many people are going to end up contracting infectious diseases while working in these unmonitored environments?”

So, to some degree, Lopez has been vindicated, but what does this case say about our bourgeoning recreational marijuana businesses? Are we not collecting ample taxes from the sales of legalized cannabis to enforce and facilitate more stringent regulations on our producers? Maybe, instead of diverting the resources generated from marijuana tax revenues into various other outlets, we should be using a portion of it to increase the regulatory capabilities of our oversight committees. Who knows how many marijuana cultivators and producers are violating standard safety protocols and creating hazardous work environments that will inevitably lead to more and more costs incurred by the industries’ workers? How many people are going to end up contracting infectious diseases while working in these unmonitored environments?

“…the true responsibility inevitably lands on us, as consumers of cannabis and members of our local communities.”

Ultimately, even though the warehouse owner, marijuana cultivator, and property managers were found liable for the damages caused to Lopez, the true responsibility inevitably lands on us, as consumers of cannabis and members of our local communities. We need to take the initiative to demand that the proper oversight is being implemented within our marijuana cultivation operations in order to ensure that no other person must face the life changing devastation that occurred to Victor Lopez.